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I have a Masters from the US, applying for an H1b extension after I140. But the I140 was on EB3 category. Is this a problem?
Ajay's answer
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Answered on August 20, 2018
An H1B filed under the Master's degree cap has a higher probability of being selected in the visa cap lottery, but otherwise there is no...
Archived
I had H1B in 2008 not sure whether employer filed a labor during that period ?
Ajay's answer
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Answered on August 20, 2018
You would need I-140 approval (not just labor certification) from the previous employer to have possibility of priority date porting. Moreover,...
Can I be on US employer's payroll after L1B visa expiry but work from home country?
Ajay's answer
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Answered on August 20, 2018
Maintaining nonimmigrant status while present in the U.S. is irrelevant when not present in the U.S. Therefore, your employment abroad is...
Archived
What happens If i get laid off while on L1B visa?
Ajay's answer
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Answered on August 20, 2018
You will not automatically be in H1B status on October 01 since consular processing instead of change of status was requested. Consider entering...
Archived
Will my dependent(H4) enter into US with valid I-94, Recently my H1B visa was transferred from Employer A to Employer B?
Ajay's answer
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Answered on August 20, 2018
As you are maintaining H1B status (irrespective of any particular H1B employer at the moment) your spouse with an unexpired H4 visa will be able to...
Archived
Can someone give a leave application to H1B employer to take some time before joining him first time and work on L1B until then
Ajay's answer
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Answered on August 20, 2018
If your H1B approval notice (change of status) states effective validity date of October 01, your L1B status will be superseded on that date by H1B...
Archived
Can I accept a new position at my company while my I-140 for PERM is approved?
Ajay's answer
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Answered on August 15, 2018
An incremental increase in salary is probably OK, and ditto for an interim or temporary increase in responsibility, but where the nature of the...
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Archived
Emergency travel during H1 B Amendment is in the process?
Ajay's answer
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Answered on August 15, 2018
The Consulate should accept a copy of the I-797 but some consular officers ask to see original I-797 or threaten extra processing time for security...
Archived
Hi all, I got an RFE on H1B asking for Current beneficiary status. Asking how I am working at Third-Party client while STEM-OPT?
Ajay's answer
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Answered on August 15, 2018
The RFE response can provide evidence that the STEM OPT student is a bona fide employee of the employer signing the STEM OPT training plan, and...
Does USCIS accept Eb2 to Eb3 downgrade request at I 140 RFE stage?
Ajay's answer
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Answered on August 15, 2018
You do not meet the minimum qualification of the job stated in PERM, and the I-140 can be filed only on the basis of the specified PERM...
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